Political subdivisions, such as a school corporation, may not assert takings claims against the State.
Appeals
Mills v. State, No. 22A-CR-591, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2022).
The face mask requirement imposed during the global COVID pandemic was a reasonable limitation on the right to confront witnesses, designed to further the public policy of ensuring the safety of everyone in the courtroom.
Smith v. State, No. 22A-CR-00364, __ N.E.3d __ (Ind. Ct. App., Oct. 25, 2022).
Prosecuting attorneys have broad discretion to bargain with a defendant in resolving criminal charges through a pretrial diversion program. But once the State enters into a valid diversion agreement, it may not unilaterally revoke the agreement based only on buyer’s remorse.
T.D. v. State, No. 22A-CR-00364, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
A delinquency adjudication is void and should be set aside when the trial court accepts an admission without inquiring whether juvenile knowingly, intelligently, and voluntarily waived hi/hers statutory and constitutional rights as required by the juvenile waiver statute, Ind. Code § 31-32-5-1.
Capalla v. Best, No. 22A-CT-657, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
Trial court properly granted judgment on the pleadings; the litigant was judicially estopped from bringing the claims and lacked standing because of a pending bankruptcy,